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HTTP://WWW.CC.COM/VIDEO- CLIPS/C892KG/THE-DAILY-SHOW-WITH- JON-STEWART-1-5-AMENDMENT?ID=C892KG FEDERALISM
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Unitary Confederal (Confederate) Where is the center of power? How are decisions made? What is the impact of this type of system? Where is the center of power? How are decisions made? What is the impact of this type of system? Other Ways of Organizing Relationship between National and Lower levels
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Federalism: Key question: How much power will the National Government have? The Constitution’s answer: Enumerated Powers Necessary & Proper Clause Supremacy Clause Article I Sec 9 State Powers: Article I Sec 10; 10 th Amendment Relationship between the states “Full Faith and Credit”; Extradition; “Privileges & Immunities” Limits on all levels of government Bill of Rights 14 th Amendment
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http://thecolbertreport.cc.com/videos/k95k9 v/gun-control---state-sovereignty
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Nature of Federalism Evolves Over Time Why does the balance of power shift? Tension between expansion and contraction of federal government’s power History, Congress, and Courts shape federalism Trends in American Federalism: Dual Federalism Cooperative federalism (combined with fiscal federalism) Devolution & so-called “New Federalism” http://www.cc.com/video-clips/6w4vfb/the-daily-show-with-jon-stewart- tyranny---texas
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Dual Federalism
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Cooperative Federalism
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Establishing & Testing National Power Early Court Cases: Marbury v. Madison McCulloch v. Maryland Gibbons v. Ogden The Slavery Issue Economic Policy Questions Federal Power (early years) Evolution of Commerce Clause
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Forces that usher in & support Cooperative Federalism The Great Depression Supreme Court’s Actions—”switch in time…” The Civil Rights Movement & legislation Interpretation of 14 th Amendment The Great Society & War on Poverty programs Fiscal Federalism—use of grants-in-aid & mandates; federal $ is used to influence state policy
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Cooperative Federalism Federal influence clearer in many areas formerly left to state, like… How Fiscal Federalism works: Shared costs Federal guidelines reinforce their role Shared Administration Forms of Grants-in-Aid Mandates
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Other Trends in Federalism: Devolution--What does it mean? What forces encouraged devolution? Nixon & Reagan (“New Federalism”) Gingrich, Republican Revolution, Clinton Budget concerns Examples devolution: Legislation The Courts U.S. v. Lopez U.S. v. Printz U.S. v. Morrison Use of Block Grants States’ attempts to shift balance Evidence that the balance continues to shift between federal and state power (devolution not complete) The Court Legislation How is federal power not just a liberal approach?
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